What kind of legal entity should i create for my consulting firm?

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Hi!

Need some advice. I plan to start a consulting firm along with a friend/partner. My partner has a DIN and I don't have one. Annual Billing is expected to be anywhere between 10 lacs - 30 lacs (could go higher depending on luck).

  1. What is the most beneficial legal structure - Partnership, LLP or Pvt Ltd Company. Not too worried about reserving the "brand name" at this stage. 
  2. As the billing keeps coming in, we would like to withdraw money every month to meet our family expenses - in a partnership, can remuneration be paid to the partners throughout the year and finally reconciled such that it falls within the limits prescribed in Section 40b or does it have to be only paid lumpsome after the end of the FY (say in April 2019)
  3. In case the remuneration can be paid throughout the year, can such remuneration vary from month to month (depending on how business does or expense needs etc.)?
  4. The proportion of effort between the two of us is going to vary from project to project and can't be predicted in advance. In case of a partnership, will we need to create a new partnership deed everytime we get a new project or is there someway to either not write the proportion of profit sharing in the partnership deed or keep it fluid.

Thanks a ton for your advice, in advance!

Replies (3)
As per my view, pvt limited will be a good optn. As there is so much uncertainty abt ur profit sharing ratio and payment of remuneration. So instead of making a vague deed, u better opt for incorportng a company. DIN will be allotted to u at the time of application which is not in the case of LLP. Also, as per compliance purpose, it is the most legal way of doing business
Thank you so much. Really appreciate. Could you share some specifics @ how does having a PLC help deal with the ambiguity around profit sharing and remuneration. In case there's a link to any good article on that, I'll be glad to go through that as well. Many Thanks again
In private companies, there is no such limit of managerial remuneration. Also, cmpny is better from tax point of view. Tax rate is 30% in case of firm, whereas it is 25% in case of company, if m nt wrong. I dnt have any such link and it is completely my view. Other views are also appreciated :)


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